first day undocumented immigrants could go online and sign up for an extended program known as deferred action for childhood arrivals or daca. felipe salazar, who came to the u.s. at age 10 and graduated with a masters from georgia tech says the initial program changed his life. he now has a work permit and is an engineer at microsoft. >> the actions around immigration that ultimately became daca were possibly the greatest thing to happen to me and my family. >> reporter: today, members of the immigrants right group siren and other groups called the decision a speed bump and encouraged immigrants to keep gathering necessary documents in hopes a higher court will overturn the injunction. >> we're not going to let this temporary suspension hold us back. we believe that the majority of the people in america believe that this is an america for everyone who plays by the rules and that we are going to continue to encourage all families to continue to gather the documents. >> reporter: the obama administration plans to appeal the ruling but some fear that

could take months forcing many south bay immigrants and their families to continue to live in the shadows. the santa clara county district attorney's office says the ruling may also provide another avenue for scam artists to take advantage of immigrants. coming up at 6:00, i'll take a look at some of the scams that are already operating in the south bay. marianne favro nbc bay area news. >> okay marianne thank you. obviously, it's a very sensitive topic. the decision-making in texas a lot different than here. governor brown saying today -- "california stands firmly with the white house. further delay will not fix our broken immigration system." coming up at 5:30, "nightly news" takes a closer look at the last-minute ruling that's left millions of people in limbo and really what comes next. that's with lester holt in 30 minutes. new video tonight shows the terrifying moment when two gunmen took over an east bay pizza shop. they not only robbed the restaurant but shot an employee. it happened last night at the little caesars at the corner of

san pablo in el cerrito. jodi hernandez is there with more on the crime and the victim. and jodi she apparently gave everything the robbers wanted and still got shot. >> reporter: i'll tell you, these guys were very bold. now, the merchants here at this shopping center have gone to great lengths to discourage bad behavior. you can see the warning sign behind us letting folks know that there are a lot of surveillance cameras out here. we're going to pan up and show you one rks, two, three. and if we push down a little farther, four five surveillance cameras outside, but that did not stop the two robbers from hitting the little caesars. >> robbing a pizza store, that's just a fool, man. not cool at all. >> reporter: it's the violent robbery captured all on surveillance camera. police say two masked men armed with a gun stormed into the el cerrito little caesars at about 8:30 last night. >> our best guess is that he's ordering her to open the cash register. >> reporter: the cashier appears to comply with the men's

demands, but one of the suspects shoots her anyway. >> during the course of the robbery, suspect fired one shot and hit the victim. >> reporter: the victim shows two terrified customers huddling together hoping not to become targets, too. the wounded cashier continues following orders opening the safe before the men take off running, leaving some bloody footprints and shaken customers behind. >> anybody just doing a nine-to-five. >> reporter: and the little caesars is back open for business tonight. we are told that the employee is doing okay. she was shot in the arm, but she is doing okay tonight. now, el cerrito police are hoping that somebody recognizes the men in the video or the unusual gun used. we'll have more on that part of the story tonight at 6:00. reporting live in el cerrito, i'm jodi hernandez, nbc bay area news. take a look at this other crime caught on video. a front door no match for crooks

with a sledgehammer. new video released today of a smash-and-grab robbery in mountain view last week. watch as the burglars make their way into the high-end audio equipment store. once inside thieves rip apart several displays and steal expensive equipment. the crooks got away in a minivan and remain on the run tonight. the feds have arrived, but the port of oakland is still essentially shut down. the u.s. labor secretary is in san francisco meeting with negotiators. the port workers have been in a contract stalemate for weeks. the disagreement has shut down 29 sea ports from seattle all the way down to san diego. while some imports are making it through, exports are at a standstill. >> contracts have been made with other ports in the gulf coast and east coast, and that trade may never come back if we don't resolve this. >> officials say dozens of ships are stuck offshore unable to dock and unload. well, he's been in the background for years but now he's leading the charge against the war against isis.

today, vice president biden swore in ashton carter as the defense secretary. carter spent more than 20 years at the pentagon. one of his biggest priorities will be taking down isis. today the terror group reportedly carried out another massacre, killing 45 people in a small iraqi town. what started as an evening fishing trip ended with the deaths of a daly city father and son. their canoe capsized in the bay between oyster point and coyote point. there was one sole survivor. nbc bay area's mark matthews is live at seton medical center in daly city where the young woman is recovering tonight. mark? >> reporter: well the details are pretty sketchy on what happened. based on what the fiancee, 22-year-old larissa castaneda has been able to tell her fiance's family at the hospital. according to the family 22-year-old louise ruvalcaba and his fiancee, were in this 12-foot canoe along with luis's

father, guillermo. they were all wearing life jackets and launched the canoe from oyster point last evening just before sunset. when they had not returned by 10:30, family members called the coast guard and the fire department. >> a little after 1:00 a.m. there was a report from the fire department marine unit that they heard cries for help. >> reporter: the coast guard helicopter found the 22-year-old woman and 48-year-old guillermo ruvalcaba clinging to poles in the water, but the girl's fiance, luis wasn't with them. family members say they were told the young man tried to right the canoe and then swam for help. >> she said that the boat tipped over and he jumped off the boat flipped it back and it tipped over again. and the second time he swam to the shore, asked for help. then she and guillermo, they swim to -- there was a copper pole there, and they hang on to the pole until the coast guard came. >> reporter: guillermo ruvalcaba died this morning at a peninsula hospital. his son's body was recovered

about 9:20 this morning. he was a student at san francisco state university studying criminology. we will hear from one of his major professors coming up tonight at 6:00. reporting from here at seton medical center in daly city mark matthews, nbc bay area news. >> very sad. thank you, mark. a follow-up now to a story we told you about last week. an arrest has been made in a burglary that turned deadly at a chiropractic college in hayward. police arrested tyler johnstone on a probation violation charge. johnstone is being investigated for a burglary at life chiropractic college in hayward last friday. somebody used a u-haul truck to smash through the school. when officers arrived, they found a dead body. an autopsy shows the man died of blunt force trauma. investigators believe johnstone and the man who died were both attempting to burglarize the school. a five-year investigation pays off with a big arrest in the east bay. hayward police arrested this woman today and charged her with running a brothel.

investigators say they uncovered a large asian brothel underworld in the bay area and freed eight women who were forced into prostitution. the suspect was a fugitive for the past few years until she turned herself in today. they get their first nonstop flight to china. i'm scott budman coming to you live at san jose national airport. do you know the way to beijing? also, how about a trip to mars? the bay area travelers planning for an out of this world trip tonight. plus -- >> okay i have all these restaurants and we've been very successful but if we don't improve the quality of life of someone, i mean i don't think it really matters. >> chicken and waffles with a side of second chances. the restauranteur whose hiring philosophy makes us "bay area proud." and good afternoon. i'm meteorologist jeff ranieri. cloudy and overcast conditions right now in san jose and just 58 degrees. we're tracking that fog forecast. we'll have details on what this means for wednesday in just a

few minutes. then at 6:00 a fiery train crash back east has critics in the bay area saying we told you so. how they hope to use this video to stop a plan to transport toxic cargo to a south bay neighborhood. >> most people don't know it's happening. >> that's new at 6:00.

traveling from the south bay to china just got easier. starting this june hainan air will fly from san jose to beijing nonstop five days a week. the flight will mean much more than convenience for hundreds of tech companies and their employees. our business and tech reporter scott budman is live at san jose international with more. and scott, this is big news for silicon valley. >> yeahreporter: yeah for a lot of people, janelle, and it certainly means a lot less time spent on bay area freeways if you want to get to china.

silicon valley san jose international airport will launch its official flight to beijing in june making it a lot easier for people who have family and business there. there's a buzz around san jose's airport. things here are about to get more worldly. >> this is transformational. >> reporter: starting june 15th san jose will offer nonstop service to beijing, china, a 12 1/2-hour flight bringing two tech hotspots closer together. good news for companies like cisco, intel and apple. >> not only are these companies located in the south bay, but a lot of their employees live around here too. so it really does help them save time both to do a little bit of extra work in the office before their flight or to spend time with their families afterwards. >> reporter: hainan airlines is coming to the south bay flying to beijing five days a week. >> you're seeing a lot more travel in both directions, particularly students. a lot of chinese students coming to the u.s. but also a lot of american students going to study in china as well.

>> reporter: students and techies. we've got a lot of both and they're about to get a faster route to china. now, for all the business done between silicon valley and china, there are also tensions largely because of cyber security. coming up tonight at 6:00 why one local leader thinks this flight might help. reporting live in san jose scott budman "nbc bay area news." >> scott, thank you. high-tech for safety. b.a.r.t. is now working on new technology to keep its workers safe. you may remember two years ago a train hit and killed two workers while they were servicing the line. neither worker was watching for oncoming trains. now b.a.r.t. wants to create a new system that would stop any train before it enters the workers' safety zone. the federal government is pitching in $5 million for this plan. now, if it works, the system may be used across the country. another safety measure, this one on the bay bridge. here's a live look now at the bridge, which is equipped with a new radar beacon. the beacon helps guide ships in the fog and the dark.

it took three tries to get it to operate. now, when the original beacon failed two replacements were installed by caltrans. both failed. finally, a working beacon is in place. it's one of three mounted right there on the bridge to keep ships from striking the bridge supports when visibility is poor. from the bay area to mars several locals have been selected to take an out of this world journey to the red planet. 50 men and 50 women were selected from a pool of more than 200,000 applicants. they're from a wide range of backgrounds, including teachers artists, engineers. it's all part of a plan to build a society on mars by 2024. this is being organized by the non-profit dutch company mars one. in the end, only 24 of the 100 people will be selected to make that trip to mars. can chicken and waffles turn your life around? yes! a popular east bay restaurant is inspiring and employing a lot of people. >> people with limited skills or even a checkered past. but their boss is willing to give them a second chance.

nbc bay area's garvin thomas joins us with tonight's "bay area proud." >> derek johnson says growing up in oakland, he managed to stay out of trouble, for the most part. he doesn't remember what it was exactly he did that caused his mother to take him on a trip to visit a family friend in prison. he soon decided that was not the future he wanted. for those that did end up there, though, well he wanted a different future for them, too. home of chicken and waffles. in oakland's jack london square it's a place where second chances never tasted so good. >> hello. welcome to chicken and waffles. how are you? >> reporter: derek johnson opened the restaurant 11 years ago. at the time derek says he knew almost nothing about running a restaurant but knew a whole bunch about his hometown of oakland. >> i grew up in the toughest neighborhood in the city. i grew up in acorn. how are you doing over here? all right, great. >> reporter: derek says he opened the restaurant, wanting it to be a place where customers from all walks of life were welcome. the same went for putting

together his staff. >> i knew that i would get urban applicants. i knew i'd get applicants that were all mainly from low-income areas in oakland. >> reporter: and applicants with criminal records. even those having spent some time doing hard time. that didn't matter to derek. >> i saw people that were really wanting and eager to work. that's all i needed to see. comes in at 6:00 -- >> meisha no more. >> it was something he saw in shaniqua cooper. >> made the bad decision and served my time. >> reporter: now, though less than a year of working at chicken and waffles, shaniqua is now derek's assistant manager, helping to give others the second chance that she got. >> this is amazing. sometimes i go home and i just say thank you, because you don't get a second chance sometimes, especially with the mistake i made. that's hard to get back into the world. >> reporter: derek says ex-offenders make up a majority of his staff these days

because, he says they have proven to be the most loyal, hardest working people he has ever hired and grateful, too. >> it was very fulfilling to watch a grown man cry when i handed him a check, because i was like, okay now, why are you crying? because usually people don't cry when they get a check. he was like this is the first time i've ever received a check in my life. >> reporter: derek says he wishes more businesses knew what he knew and he's happy to tell them about it because this is one recipe for success that shouldn't be kept a secret. >> it's very important to note in all this he's doing great work for these people but it's great business sense. he says he has tremendously loyal employees. and in the restaurant business, there's a lot of turnover. he says that doesn't happen in his restaurant, you know. he walked around and i think he could find the shortest term employee he had had been there almost a year. and so in the restaurant business, it just makes good sense for him to have well-trained people who are very loyal and very dedicated. and he thinks he wants to spread the word. he thinks other businesses should do the same and would

benefit from it. >> seems to be paying off. and so rewarding for him, and obviously, the employees, too. >> and those of us who eat there. >> and who would leave that chicken and waffles? looks great! jeff ranieri joins us now with our -- what happened outside, jeff? don't even know what to say what it is. >> very very foggy here throughout the bay area. the westerly wind helped keep that fog throughout the coastline, all through the interior valleys. and without that budging much it limited our sunshine. you can see right now here over the past couple of hours thick areas of fog here throughout the east bay, also the south bay, and of course at the immediate coastline. now, with that fog in place, temperatures cooled off, just as expected, anywhere from 6 to 14 degrees from this time yesterday. so, what i want to do right now is advance it right into tomorrow morning's forecast because a lot of you are probably wondering, are we still going to start off cloudy? it does look like it will start off cloudy especially in san francisco and the north bay. mainly cloudy as well for the south bay peninsula and east bay, with temperatures starting in the 40s. but we are going to see some key

changes in the forecast as we head throughout wednesday. now, as we get a look what we're going to see here is through most of today we had that westerly wind pulling in that fog here from the pacific at about 5 to 10 miles per hour. that wind speed. by tomorrow in the bay area it's just a small change in the winds that can really switch things up for us. we're going to see the winds coming slightly more out of the north. that should be good enough to cut off the fog flow by the afternoon to allow a little bit more sunshine in that forecast. let's go ahead and take a look. you can see 7:30 tomorrow morning, as we mentioned, it's going to start off gray here in contra costa, alameda, santa clara counties right through the peninsula, also for the north bay as well. by 1:00 p.m. we should see a lot of this push back to the coastline and at least partly cloudy skies expected here for the bay area. and once again for tomorrow no mild beach weather like we had this past weekend. it's going to stay cool. so, let's look at your microclimate forecast for wednesday. once again sunshine by the afternoon, temperatures probably warming up about two to four degrees from today.

san jose expecting 68. morgan hill 69 also upper 60s down towards gilroy. for the peninsula 61 in pacifica, still cool at the beaches again. palo alto 67. most of san francisco should stay in the mid-60s. the marina has 63 downtown 66. and for the north bay, east bay and tri-valley we'll have napa at 69 degrees, oakland at 67. for the tri-valley mainly upper 60s here with danville expecting 68. so, the extended forecast there is no promise of any kind of rainfall. you'll see on thursday dry weather friday saturday and sunday, temperatures averaging right near 70 in san jose. for san francisco, we'll see some slightly milder weather by friday and also saturday. so, let's go ahead and advance things even a little bit further than this. the long-range rain forecast has the potential of maybe some rain by the 27th and 28th but here's the good news. by the beginning of march, this is our early look. the first, second third, fourth and fifth, we may actually get some wet weather. so let's hope the calendar

stays like this into march. this would be great news for us you guys. >> certainly is. thanks so much, jeff. still ahead, the new recall that could have you checking the veggie drawer in your fridge. also a piece of high-end real estate with a somewhat checkered past. what 49ers star aldon smith is doing with his san jose home. and targeting a tourist hotspot. the smash-and-grab robbery at one of the bay area's most popular neighborhoods and why it may be proof of a criminal pattern.

can't say thank you enough. you have made my life special by being apart of it. (everyone) cheers! glad you made it buddy. thanks for inviting me. thanks again my friends. for everything for all your help. through all life's milestones our trusted advisors are with you every step of the way. congratulations! thanks for helping me plan for my retirement. you should come celebrate with us. i'd be honored. plan for your goals with advisors you know and trust. so you can celebrate today and feel confident about tomorrow. chase. so you can.

take a look. a crash landing into a south bay pond. it happened in front of the sunnyvale community center overnight. police say the driver was speeding when this car crashed right into the water and actually overturned into the water. officers aren't releasing the driver's name but did say the driver was critically hurt. another brazen jewelry store robbery in san francisco, this time in the heart of fisherman's wharf. police say two men robbed the san francisco gold jewelry store at pier 39 monday night. one suspect held an employee at gunpoint. the other suspect smashed display cases and snatched jewelry. they drove off in a dark-colored suv. now, this heist comes on the heels of two recent jewelry store robberies in san

francisco. back on february 6th three gunmen robbed tina's jewelry store near union square. then two days earlier, three gunmen held up the tiffany's store in the westfield center mall. police don't know if the cases are related. well you can live like a 49er for about 3 million bucks. aldon smith is reportedly selling his home. it's the same house in the east san jose foot hilst that police searched after that infamous house party back in 2012. that's where partygoers say smith was stabbed and two other people were hurt when someone opened fire at the home. police did find five unregistered weapons during that search. smith was later sentenced to a misdemeanor assault weapons charge. now, the defensive star has since had a series of off-field missteps and also has a year left on his contract with the team. listeria tests on soybean sprouts has prompted a recall tonight. the fda says samples of the jack in the bean stock sprouts show signs of the bacteria contamination. the company distributed its sprouts this month to bay area

restaurants and stores. no illnesses have been reported. the fda is investigating what caused this problem. up next, it's not his birthday, but jimmy fallon does have a lot to celebrate today. we'll tell you why. what's that thing? i moved our old security system out here to see if it could monitor the front yard. why don't you switch to xfinity home? i get live video monitoring and 24/7 professional monitoring that i can arm and disarm from anywhere. hear ye! the awkward teenage one has arrived!!!! don't be old fashioned. xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome.

tonight at 6:00 happy anniversary. exactly one year ago, jimmy fallon took over "the tonight show." if you haven't seen him, you should stay up late tonight to check it out. fallon is having a lot of fun, and it shows on tv. he works on his sketches and

songs for days sometimes weeks before it airs. and it's paying off. in a matter of 12 months, he's gone from a promising rookie to market leader, number one in the ratings. >> no one talks about it on set. we just don't bring it up. it's like okay everything's working, we still have jobs you know. once you're not getting phone calls from the network, then it's a good sign. >> that's a good thing. >> yeah, that means everyone's happy. >> it's a shhh don't say anything. but we're doing so well. you might jinx it. you can see the full interview on our 6:00 newscast including the possibility of bringing jimmy and "the tonight show" to the bay area. >> that would be fun! >> for a week. >> ooh! >> wow. >> it could be happening. >> we need to be in the studio audience for that. >> fun. >> asked him some tough questions. >> he's very genuine. >> yes. i'm looking forward to that at 6:00. >> he looked like he was cracking you up a bit, too. >> you met him when he came in here. he's so fun. just wants to hang out with everyone. >> looks like a good time. jeff, i notice the fog in

the background is back. >> tomorrow morning it sticks around with upper 40s and low 50s. we'll have more on the rest of the week coming up at 6:00 p.m. >> thanks for joining us here at 5:00. lester holt joins us next with "nightly news." >> see you at 6:00 tonight, folks. on the broadcast tonight, out of control. cars flying off the road. people trapped on ice. tonight this unending snow and freezing rain grinding highways to a halt deep into the south. the showdown over immigration takes a dramatic turn. a last-minute ruling dashes american dreams for millions of families under the threat of deportation. the train disaster. still burning tonight. so hot investigators can't even get near it. as new questions emerge about all the dangerous cargo moving through so many cities and towns. and paying it forward. one restaurant's secret recipe that's helping to change the lives of the people who work there. "nightly news" begins now. >> announcer: from nbc news